Oklahoma City, OK asked in Landlord - Tenant for Wisconsin

Q: Can a landlord charger you a months rentfor your duplex not being move in ready with it just being normal wear and tear?

I took pictures and video on the last day and nothing was damaged just normal wear and tear. I had to pay double security deposit. My landlord was showing my unit before I even moved out and now the landlord is saying the unit smelled of dogs and the carpet was dirty and was not move in ready so the landlord charged me 375 for carpets 100 for the dog smell and 950 for not being move in ready. This unit was move in ready the carpet was normal wear and tear I did have permission to have my parents visit for a week and they did have a dog but the landlord was in the home plenty of times after my parents left and never mention nothing to me not one time. The house didn’t smell.

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1 Lawyer Answer
Jason Anthony Greller
Jason Anthony Greller
  • Landlord Tenant Lawyer
  • Madison, WI
  • Licensed in Wisconsin

A: Wis. Admin Code § ATCP 134.06(3)(c) states that a landlord cannot withhold from a tenant's security deposit for normal "wear & tear." Unfortunately, "wear and tear" has never been defined. I note the deduction of $950 for not being "move in ready." That particular deduction may, depending on its basis, run afoul of the prohibition against deducting for normal "wear & tear." You may certainly bring an action in small claims court and present your evidence. If you prevail you may be entitled to double your damages and attorney's fees if applicable.

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